Реформа административной ответственности в Российской Федерации в условиях смены парадигмы регулирования контрольно-надзорной деятельности

Abstract

The Code of administrative offences of the Russian Federation has undergone numerous changes during its existence. At the same time, the changes are often opportunistic and haphazard. Administrative responsibility is the reaction of the state to the violation of the established rules. The legislation on administrative responsibility, as a mechanism to ensure the protection of public relations, in fact, does not fully perform its functions. The Constitutional Court of the Russian Federation and the European Court of human rights in their decisions repeatedly pointed to the system errors contained in the Code of administrative offences, but so far in the administrative and tort legislation, these contradictions have not been eliminated. The purpose of this work is to study the processes taking place in political life aimed at changing the institution of administrative responsibility. Achieving this goal of the study led to the formulation and solution of the following tasks: analysis of the quantitative changes made to the Code of administrative offences of the Russian Federation, the current state of the Institute of administrative responsibility, analysis and description of the changes in the regulation of control and Supervisory activities, communication of control and Supervisory activities with the Institute of administrative responsibility, description of the functions of administrative responsibility and justification for the need to focus on the most important of them during the reform of control and Supervisory activities. The methodological basis of the study was the dialectical method of scientific knowledge, General scientific and private methods of analysis, focused on the knowledge of the current changes in the regulation of control and Supervisory procedures, as it is associated with the reform of the Institute of administrative responsibility and the need to adjust the current Code of administrative offences. The article reveals the essence of the current changes in the regulation of control and Supervisory procedures and how it is connected with the reform of administrative responsibility. The author concludes that a huge number of changes made to the administrative Code have led to a departure from the main functions of administrative responsibility. Also, the conclusions about the relationship and interdependence of control and Supervisory activities and administrative responsibility, the need to reform the legislation on administrative responsibility.